TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 44 LANDSCAPE
ARCHITECTS
PART 3 REGISTRATION
FOR LICENSURE OR CERTIFICATION
16.44.3.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Landscape Architects, P.O. Box 25101, Santa Fe, NM 87504.
[16.44.3.1 NMAC - Rp 16 NMAC 44.2.1, 10-05-02]
16.44.3.2 SCOPE: The provisions of 16.44.3 NMAC apply to all applicants for licensure or certification.
[16.44.3.2 NMAC - Rp 16 NMAC 44.2.2, 10-05-02; A, 06-15-08]
16.44.3.3 STATUTORY AUTHORITY: This part is adopted pursuant to the Landscape Architects Act, NMSA 1978 Sections 61-24-B4, 61-24-B8, 61-24B9.
[16.44.3.3 NMAC - Rp 16 NMAC 44.2.3, 10-05-02; A, 06-15-08]
16.44.3.4 DURATION: Permanent.
[16.44.3.4 NMAC - Rp 16 NMAC 44.2.4, 10-05-02]
16.44.3.5 EFFECTIVE DATE: October 5, 2002, unless a later date is cited at the end of a section.
[16.44.3.5 NMAC - Rp 16 NMAC 44.2.5, 10-05-02]
16.44.3.6 OBJECTIVE: This part is to establish the minimum requirements for applicants applying for licensure as a landscape architect or certification as a landscape architect in training.
[16.44.3.6 NMAC - Rp 16 NMAC 44.2.6, 10-05-02; A, 06-15-08]
16.44.3.8 REGISTRATION OR CERTIFICATION:
A. No person shall practice as a landscape architect nor represent himself or herself as a landscape architect unless he or she has a license issued pursuant to the New Mexico Landscape Architects Act and these rules and regulations.
B. No person shall represent himself or herself as a landscape architect in training unless he or she holds a certification issued pursuant to the New Mexico Landscape Architects Act and these rules and regulations.
C. Application forms and fees: To apply for licensure as a landscape architect or a certificate as a landscape architect in training, the applicant shall submit a completed application on the form provided by the board. The applicant shall ensure that the application is complete as defined in Subsection F of 16.44.1.7 NMAC and that all fees are paid prior to the deadline specified by the board.
D. Letters of reference: An applicant for licensure as a landscape architect who is not CLARB certified from any jurisdiction shall submit three letters of reference, two of which shall be from individuals who are not members of the board. The letters of reference shall be from individuals who are not related to the applicant and who are familiar with and will speak to the applicant’s professional activities as a landscape architect.
E. Practical experience: Practical experience for licensure for an applicant shall begin after graduation from his or her school, college or university program as described in Part 2. To assist the board in evaluating the applicant’s practical experience, the applicant shall submit evidence of his or her experience with the completed application form in one or both of the following formats:
(1) slides or photographs of projects or drawings depicting construction, planting, irrigation, or design; a minimum of six (6) and a maximum of ten (10) examples of work should be submitted (reduced to 8 ˝” x 11”), or
(2) a maximum two-page summary or abstract that describes other relevant experience, such as administration, research, planning, or teaching.
F. Compliance: The applicant shall comply with the New Mexico Landscape Architects Act and the board’s rules and regulations.
[16.44.3.8 NMAC - Rp 16 NMAC 44.2.8.1 & 8.2, 10-05-02; A, 06-15-08]
16.44.3.9 APPLICATION
AND EXAMINATION FEES:
A. A non-refundable application fee is due at the time of application. The amount of this fee will be determined by the board. The board will collect additional fees, as necessary, incurred by the administration of examinations.
B. The applicant will not be scheduled to take the sections of the L.A.R.E. administered by the board until the initial application is received.
C. Fees and requests to take the L.A.R.E. shall be due to the board according to the schedules established annually by CLARB. All potential applicants shall be responsible for contacting the board regarding this schedule.
D. Unsuccessful L.A.R.E. applicants electing to take the examination the next time it is offered will not be obliged to pay an additional application fee; they must, however, pay the applicable examination fees. Unsuccessful applicants electing to take the examination again are required to take only those sections that the applicants failed to pass.
[16.44.3.9 NMAC - N, 10-05-02; A, 06-15-08]
16.44.3.10 LANDSCAPE ARCHITECT APPLICANTS NOT PREVIOUSLY LICENSED IN ANY JURISDICTION:
A. Initial application procedure. To open an initial application file, the candidate shall submit the following:
(1) a completed and signed application;
(2) application fee as required by board;
(3) CLARB council record number (See 16.44.3.11 below);
(4) L.A.R.E. request form to sit for examination (form provided by board).
B. When the initial application is completed and reviewed by the board administrator and approved by the board, the board office will notify the candidate of approval and will schedule to take the L.A.R.E.
C. A candidate shall be eligible to take the L.A.R.E. as many times as necessary to pass each section. The initial application file will expire 36 months after application date. If the candidate has not passed all sections of the L.A.R.E. after 36 months, the candidate will be required to submit a new application and application fee.
D. All candidates must hold a CLARB council record in order to sit for the L.A.R.E.
[16.44.3.10 NMAC - N, 10-05-02; A, 06-15-08]
16.44.3.11 CLARB COUNCIL RECORDS: The CLARB council record is a verified record of the education, experience and examination history of a landscape architect. The record provides a single, permanent location for all of the documentation required for application for the registration examination or for reciprocal registration. All candidates who have made application to take the L.A.R.E. must obtain and hold a CLARB council record.
[16.44.3.11 NMAC - N, 10-05-02; A, 06-15-08]
16.44.3.12 LANDSCAPE ARCHITECT APPLICANTS LICENSED IN ANOTHER JURISDICTION, NOT CLARB CERTIFIED:
A. Initial application procedure. To open an initial application file, the applicant shall submit the following:
(1) a completed and signed application;
(2) verification of practical experience;
(3) the application fee as required by the board;
(4) official transcripts directly from the institution’s office of the registrar;
(5) three letters of reference; and
(6) verification of licensure in another jurisdiction.
B. The board office will notify each applicant once the application file is complete. The board will review each application at the next regularly scheduled board meeting.
[16.44.3.12 NMAC - N, 10-05-02; A, 06-15-08]
16.44.3.13 LANDSCAPE
ARCHITECT APPLICANTS WHO ARE CLARB CERTIFIED:
A. Initial application procedure. To open an initial application file, the applicant shall submit the following:
(1) a completed and signed application;
(2) the application fee as required by the board;
(3) certification received directly from CLARB.
B. Once the application file is complete the board office will notify the applicant. The board administrator has been authorized by the board to then issue a license to the applicant.
[16.44.3.13 NMAC - N, 10-05-02; A, 06-15-08]
16.44.3.14 RECIPROCITY: The board may issue a license to practice as a landscape architect without an examination to an applicant who holds a current registration or license as a landscape architect issued by another state if the education, and experience requirements of the other state are as stringent or higher than those established in the rules and regulations and if the applicant meets the qualifications required of a registered landscape architect in this state.
[16.44.3.14 NMAC - Rp 16 NMAC44.3.8.4, 10-05-02; A, 06-15-08]
16.44.3.15 PROVISIONS
FOR EMERGENCY LICENSURE:
A. Landscape architects currently licensed and in good standing, or otherwise meeting the requirements for New Mexico licensure in a state in which a federal disaster has been declared, may be granted an emergency license in New Mexico during a four-month (4) period following the declared disaster at no cost upon satisfying the following requirements:
(1) receipt by the board office of a completed application that has been signed and notarized and accompanied by proof of identity, which may include a copy of a driver’s license, passport or other photo identification issued by a governmental entity;
(2) other required verification may be obtained from the council of landscape architectural registration boards through the CLARB council record;
(3) nothing in this section shall constitute a waiver of qualifications of the requirements for licensure contained in
16.44.3.8 NMAC;
(4) sworn affidavit that the applicant was personally or professionally
affected by the disaster.
B. The board may waive the application fees only.
C. The board may waive the specific forms required under 16.44.3.12 NMAC and 16.44.3.13 NMAC only if the applicant is unable to obtain documentation from the federal declared disaster areas.
D. The emergency license shall expire on June 30 following the date of issue. Application for initial license shall be made on or before April 1 following the date of issue of the emergency license.
E. The board reserves the right to request additional documentation, including but not limited to, recommendation forms and work experience verification forms prior to approving the initial license.
[16.44.3.15 NMAC - N/E, 11/30/05; A, 06-15-08]
16.44.3.16 TERMINATION
OF EMERGENCY LICENSE:
A. The emergency license shall terminate upon the following circumstances:
(1) the issuance of an initial license under section 16.44.2.8 NMAC; or
(2) proof that the emergency license holder has engaged in fraud, deceit, or misrepresentation in procuring or attempting to procure a license under this section.
B. Termination of an emergency license shall not preclude application for permanent licensure.
[16.44.3.16 NMAC - N/E, 11/30/05; A, 06-15-08]
16.44.3.17 EXEMPTIONS
A. The following shall be exempt from the provisions of the Landscape Architects Act as long as they do not hold themselves out to the public as landscape architects or use the term “landscape architect” without being registered pursuant to the Landscape Architects Act (Chapter 61, Article 24B NMSA 1978):
(1) landscape architects who are not legal residents of or who have no established place of business in this state who are acting as consulting associates of a landscape architect registered under the provisions of the Landscape Architects Act (Chapter 6, Article 24B NMSA 1978), provided that the nonresident landscape architect meets equivalent registration qualifications in his own state or country;
(2) landscape architects acting solely as officers or employees of the United States; and
(3) a person making plans for a landscape associated with a single-family residence or multi-family residential complex of four units or less except when it is part of a larger complex.
B. Nothing in the Landscape Architects Act (Chapter 61, Article 24B NMSA 1978) is intended to limit, interfere with or prevent a professional architect, engineer or land surveyor from engaging in landscape architecture within the limits of his or her licensure.
C. Nothing in the Landscape Architects Act (Chapter 61, Article 24B NMSA 1978) is intended to limit, interfere with or prevent the landscape architects in training, drafters, students, clerks or superintendents and other employees of registered landscape architects from acting under the instructions, control or supervision of the registered landscape architect or to prevent the employment of superintendents on the construction, enlargement or alterations of landscape improvements or any appurtenances thereto or to prevent such superintendents from acting under the immediate personal supervision of registered landscape architects by whom the plans and specifications of any landscape architectural services were prepared.
[16.44.3.17 NMAC - N, 06-15-08]
HISTORY OF 16.44.3 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:
LAB 85-1, Rules and Regulations filed 11-27-85;
LAB 85-1, Rules and Regulations filed 12-02-85;
LAB 89-1, Rules and Regulations filed 05-05-89;
Rule 4 NMBLA, Registration filed 07-08-92.
History of Repealed Material:
16 NMAC 44.2, Registration for Licensure - Repealed 10-05-02